Karnataka High Court
Shri Maruti S/O Yallappa Kallavaddar vs The State Of Karnataka on 7 March, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:5006
CRL.P No. 100506 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100506 OF 2024
BETWEEN:
SHRI. MARUTI,
S/O YALLAPPA KALLAVADDAR,
AGED ABOUT 27 YEARS,
OCC. COOLIE,
R/O DONI,
NOW AT KANAKAPUR,
HAVERI , DIST. HAVERI - 581 110.
...PETITIONER
(BY SRI. SHIVASAI M PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH MUNDARAGI POLICE STATION,
GADAG,
REPT. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed
DHARWAD BENCH,
by B A KRISHNA
KUMAR AT. DHARWAD - 580 011.
Location: HIGH
COURT OF
KARNATAKA 2. SMT. SHIDDAMMA HADIMANI,
AGE. NOT KNOWN,
OCC. WORKING AS SUPERVISOR,
IN CHILD DEVELOPMENT
PROTECTION OFFICER (CDPO)
MUNDARAGI - 582 118.
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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NC: 2024:KHC-D:5006
CRL.P No. 100506 of 2024
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ORDER TO RELEASE THE PETITIONER
NO.1/ACCUSED NO.1 ON BAIL IN MUNDARGI P.S. CRIME
NO.161/2023 NOW IN SESS.C.NO.104/2023 BY THE ADDL.
DISTRICT AND SESSIONS JUDGE, GADAG, FOR THE OFFENCES
PUNISHABLE U/S 376 OF IPC, SECTION 6 OF POCSO ACT, 2012
AND SECTION 9, 10, AND 11 OF PROHIBITION OF CHILD
MARRIAGE ACT, 2006.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.1 in SC NO.104/2023 pending before the Court of Addl. District and Sessions Judge, Gadag, arising out of Crime No.161/2023 registered by Mundargi Police Station for the offences punishable under Section 376 of the Indian Penal Code, 1860, Section 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties. Respondent No.2/complainant who has been served, has remained unrepresented.
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NC: 2024:KHC-D:5006 CRL.P No. 100506 of 2024
3. The FIR in Crime No.161/2023 was registered by the Mundargi Police Station on the complaint of the 2nd respondent Smt. Shioddamma Hadimani, who was working as a Superintendent in the Office of CDPO, Gadag District. In the complaint, it is averred that on enquiry, the complainant came to know that the marriage of the victim girl, who was born on 06.06.2005, was performed on 15.12.2022 by her parents with the petitioner. After the marriage, the petitioner and the victim girl had lived as husband and wife. On 01.12.2023, the victim girl who was pregnant had gone to KIMS Hospital for medical check up along with her parents and the doctor having found that the victim was pregnant by 8 months and her marriage was performed before she attained the age of majority, had reported the same to the jurisdictional police station and in turn, the victim girl was sent for verification of her marital status and after verification, the complaint was filed. During the course of investigation in the said case, the petitioner was arrested on 12.11.2023. Investigation in the case is complete and charge sheet has been filed. -4-
NC: 2024:KHC-D:5006 CRL.P No. 100506 of 2024 The bail application filed by the petitioner in SC No.104/2023 was rejected on 11.01.2024. Therefore, the petitioner is before this Court.
4. Learned counsel for the petitioner submits that as on the date of hearing, the victim was major. She has not made any allegations against the petitioner which would attracts the offences punishable under the POCSO Act.
5. Learned High Court Government Pleader submits that as on the date of her marriage, the victim- girl was a minor.
6. The marriage of the petitioner and the victim was performed by the parents and other elder members of the family on 15.12.2022. Thereafter, the petitioner and the victim were living together as husband and wife. The victim who was pregnant had gone to hospital along with her parents for the purpose of medical examination and after verification about the age of the victim and date of her marriage, the complaint was lodged by the -5- NC: 2024:KHC-D:5006 CRL.P No. 100506 of 2024 Superintendent, CDPO Office, Mundargi. The victim or her relatives have not made any serious allegations against the petitioner. Petitioner is in custody from 12.11.2023. Investigation in the said case is complete and charge sheet is filed. Therefore, without expressing any opinion on the merits of the case, the prayer made by the petitioner needs to be granted subject to conditions. Accordingly, I pass the following :
ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.161/2023 of Mundargi Police Station, Gadag registered for the offences punishable under Section 376 of the Indian Penal Code, Section 6 of Protection of Children from Sexual Offences Act and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, subject to the following conditions:
(i) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;-6-
NC: 2024:KHC-D:5006 CRL.P No. 100506 of 2024
(ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
(iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
(iv) The petitioner shall not involve in similar offences in future;
(v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE SNC CT:SNN